The Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Regulations 2020

Citation and commencement S

1.  These Regulations may be cited as the Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Regulations 2020 and come into force on the day after the day on which they are made.

Commencement Information

I1 Reg. 1 in force at 21.2.2020, see reg. 1

Interpretation S

2.—(1) In these Regulations—

“application” means an application for consent to make relevant adjustments(1) under regulation 5(1),

“majority” means a majority of one,

“premises” means any building which is, or which is capable of being, occupied (separately or otherwise) as a private dwelling, but that does not prevent the use of part of the premises as a shop or office or for business, trade or professional purposes and a reference to “premises” is to be taken as a reference to the whole or part of the premises, and

“reinstatement” means to restore the common parts(2) to the condition they were in before the relevant adjustments were carried out where such reinstatement is in accordance with regulations made under section 1 of the Building (Scotland) Act 2003(3).

(2) A reference to an owner of the common parts affected by the proposed works is a reference to an owner of a share of the common parts whose share of the common parts would be affected by the proposed works in an application under these Regulations.

Commencement Information

I2 Reg. 2 in force at 21.2.2020, see reg. 1

Right to make relevant adjustments S

3.—(1) Subject to paragraphs (3) and (4), a disabled person(4) is entitled to make relevant adjustments to common parts in relation to premises in Scotland in which the disabled person has an interest.

(2) A disabled person has an interest in premises for the purpose of paragraph (1) if the disabled person—

(a) is a tenant of,

(b) is an owner of, or

(c) has permission from the tenant or (as the case may be) owner of the premises, and the tenant or owner is entitled to give such permission, to occupy,

the premises and uses or intends to use the premises as the person’s only or main home.

(3) A disabled person may not exercise the entitlement set out in paragraph (1) without—

(a) the consent of a majority of the owners of the common parts affected by the proposed works, which consent must not be unreasonably withheld, or

(b) the authorisation of the sheriff.

(4) A disabled person may not exercise the entitlement set out in paragraph (1) until—

(a) the deadline set by regulation 10(1) has passed without an appeal having been made under that regulation, or

(b) where an appeal has been made under that regulation, the appeal has been determined.

(5) Subject to regulation 6(3), the terms of any tenancy or occupancy agreement, title to land, any rights given by virtue of any title condition or any agreement between the disabled person and the owners of the common parts affected by the proposed works are of no effect in so far as they purport to negate or modify the effect of any provision in these Regulations.

Commencement Information

I3 Reg. 3 in force at 21.2.2020, see reg. 1

Alterations and additions that are deemed to be relevant adjustments S

4.  Relevant adjustments include an alteration or addition—

(a) to any common parts which affords a means of access to the premises tenanted, owned or occupied by a disabled person, or

(b) to make the premises suitable for the accommodation or welfare of a disabled person.

Commencement Information

I4 Reg. 4 in force at 21.2.2020, see reg. 1

Application for consent to relevant adjustments S

5.—(1) A disabled person who intends to exercise the entitlement set out in regulation 3(1) must send an application for consent to carry out relevant adjustments to all the owners of the common parts affected by the proposed works.

(2) An application under paragraph (1) must be in the form prescribed in Part 1 of the schedule.

(3) On receiving an application, the owner may—

(a) consent to the application,

(b) consent subject to reasonable conditions, or

(c) withhold consent, provided that it is not unreasonably withheld.

(4) The owner must, within [F1 28 days of the date marked on the application], send the disabled person a notice of the owner’s decision, in the form prescribed in Part 2 of the schedule.

(5) Where the owner fails to comply with the requirement in paragraph (4) the owner is to be taken to have withheld consent.

(6) If a share in the common parts affected by the proposed works is owned by 2 or more persons, the decision as to whether to consent to the proposed works (and whether to impose conditions on any consent so granted) can be made by either (or any) of those persons, but if they disagree as to the decision, they shall be taken to have withheld consent unless—

(a) where one of those persons owns more than one half of the share in the common parts, the decision is made by that person, or

(b) in any other case, the decision is the agreed decision of those who together own more than one half of the share in the common parts.

Textual Amendments

F1 Words in reg. 5(4) substituted (9.12.2021) by The Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/459), regs. 1(1), 2(2) (with reg. 1(2))

Commencement Information

I5 Reg. 5 in force at 21.2.2020, see reg. 1

Matters relevant to an application under regulation 5 S

6.—(1) In considering an application in terms of regulation 5(1), the owner is entitled to have regard to—

(a) the health, safety, welfare and convenience of those occupying any part of the premises and other persons using the common parts,

(b) the costs which the owner is likely to incur, directly or indirectly, as a result of the proposed works,

(c) whether the proposed works are likely—

(i) to reduce the value of their property, the common parts or of any other part of the premises, or

(ii) to make their property, the common parts or any other part of such premises less suitable for letting or sale,

(d) whether, if the proposed works were to be carried out, the common parts could be re-instated,

(e) any code of practice issued by the Equality and Human Rights Commission(5) in relation to the Equality Act 2010 which relates to reasonable adjustments made to premises for disabled persons.

(2) A condition imposed under regulation 5(3)(b) may—

(a) specify the standard to which the proposed works must be carried out, having regard to the age, condition and appearance of the premises, and the likely cost of complying with this condition,

(b) require the disabled person to—

(i) reinstate the common parts, when the disabled person is no longer the tenant, owner, or otherwise entitled to occupy the premises, to the condition they were in before the work was carried out,

(ii) provide a plan for the maintenance of the adjustments once made.

(3) Subject to paragraph (4), it is reasonable for an owner of the common parts affected by the proposed works to withhold consent to an application, or to impose conditions on such consent, if making the relevant adjustments or, as the case may be, failure to comply with that condition would make the owner liable under any enactment or rule of law to any sanction or other remedy.

(4) Paragraph (3) applies only where the owner has taken all reasonable steps for the purposes of acquiring the right to give consent or, as the case may be, not to impose the condition without making the owner so susceptible.

(5) The owner may recover from the disabled person any expenses directly incurred by the owner in taking such steps (regardless of the owner’s decision on the disabled person’s application).

Commencement Information

I6 Reg. 6 in force at 21.2.2020, see reg. 1

Notification of the majority decision S

7.—(1) The disabled person must send a notice in the form set out in Part 3 of the schedule, recording the majority decision, to all owners of the common parts affected by the proposed works.

(2) Where a notice under paragraph (1) has been sent, the disabled person must send an updated copy of the notice to the same recipients where the outcome is different from that stated in the notice as a result of an appeal determined under regulation 10.

[F2 (3) A notice under paragraph (1) must not be sent less than 28 days after the application has been sent to every owner.

(4) A notice under paragraph (1) must be sent within 56 days after the application was sent to every owner.

(5) An updated notice under paragraph (2) must be sent within 28 days of the appeal being determined under regulation 10.]

Textual Amendments

F2 Reg. 7(3)-(5) inserted (9.12.2021) by The Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/459), regs. 1(1), 2(3) (with reg. 1(2))

Commencement Information

I7 Reg. 7 in force at 21.2.2020, see reg. 1

Consent subject to conditions S

8.—(1) Where an owner has consented to the application subject to conditions, the disabled person may—

(a) accept, or

(b) reject,

the consent with conditions.

(2) Where a consent with conditions is rejected under paragraph (1)(b), it is to be treated as if the owner withheld consent.

[F3 (3) Where an owner has consented to the application subject to conditions, a notice provided under regulation 7(1) must state—

(a) whether the disabled person accepts or rejects the conditions, and

(b) where the disabled person rejects the conditions, the reasons why the conditions are being rejected.]

Textual Amendments

F3 Reg. 8(3) inserted (9.12.2021) by The Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/459), regs. 1(1), 2(4) (with reg. 1(2))

Commencement Information

I8 Reg. 8 in force at 21.2.2020, see reg. 1

Liability for costs S

9.—(1) Unless the disabled person has entered into an agreement with the other owners of the common parts in relation to sharing the costs of the relevant adjustments, the disabled person will be solely liable for the costs.

(2) The costs of the relevant adjustments include the costs of maintenance and reinstatement.

Commencement Information

I9 Reg. 9 in force at 21.2.2020, see reg. 1

Appeals S

10.—(1) The disabled person or an owner of the common parts affected by the proposed works may appeal to the sheriff against—

(a) the decision of a majority of the owners to consent, or to withhold consent, taken under regulation 5(3), or

(b) a condition imposed on consent given to the proposed works under regulation 5(3)(b).

[F4 (1A) An appeal must be made within the period of 28 days beginning with the date on which the notice under regulation 7(1) is sent.]

(2) The appellant must give notice of the appeal to—

(a) all owners of the common parts affected by the proposed works, and

(b) where the appellant is not the disabled person, the disabled person.

(3) The sheriff may determine the appeal by—

(a) authorising the disabled person to carry out the proposed works,

(b) authorising the disabled person to carry out the proposed works, subject to conditions, or

(c) quashing the decision of the majority of the owners to consent to the proposed works and directing that the disabled person may not carry out the proposed works.

Textual Amendments

F4 Reg. 10(1A) inserted (9.12.2021) by The Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/459), regs. 1(1), 2(5) (with reg. 1(2))

Commencement Information

I10 Reg. 10 in force at 21.2.2020, see reg. 1

Amendment of section 52 of the Housing (Scotland) Act 2006 S

11.—(1) Section 52 of the Housing (Scotland) Act 2006(6) (right to adapt rented houses) is amended in accordance with paragraphs (2) and (3).

(2) After subsection (2) insert—

“(2A) The work that may be carried out in pursuance of subsection (2)(a) does not include work to common parts within the meaning of section 37(5) of the Equality Act 2010.”.

(3) In subsection (3), the word “But” is repealed.

Commencement Information

I11 Reg. 11 in force at 21.2.2020, see reg. 1

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh